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Home My WebLink About; ; 1998-0703563; Deed Restriction* l . . - ,’ I.240 DOC 7 19984703563 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: 8 City of Carlsbad City Clerk’s Office Attn: City Clerk VQ 1200 Carlsbad Village Drive Carlsbad, California 92008 OCT 29s 1998 12:OO PM OFFNML RECORDS sEy1 DIEM CUllMY fEC@lER’S OfTICE GREGuRY kEFYTH9 7zom : . ABOVE SPACE FOR RECORDER’S USE lYYlYYVlYUUlUlUUlLlU lQQW703S6Q AGREEMENT TO REf2’RICT ‘WSE OF REAL PROPERTY (RESTAURANT SPACE WITHlN OLD WORLD CENTER) This AGREEMENT IMPOSES RE S ON REAL PROPERTY (“Agreement”), entered into thisz q day of 1998 (the “Effective Date”), by and between the CITY OF CARLSBAD, a Mum orporation (hereinafter referred to as the “City”), HOWARD F. MURPHY TRUST, AND MICHAEL K. MURPHY, (hereinafter referred to as the “Owner”) is made with reference to the following: WHEREAS, Howard F. Murphy Trust and Michael K. Murphy are the record owners of certain real property located in the City of Carlsbad, California (“OId World Center”) described in “Exhibit A,” which is attached hereto arid incorporated herein by this reference. WHEREAS, the subject property known as the Old World Center is located at 630 Grand Avenue within the City of Carlsbad Village Redevelopment Area and consists of approximately 5750 square feet of retail space, 3713 square feet of office space, 4209 square feet of restaurant space and parking lots improvements which were originally approved in September, 1980 and provide for a total of 58 parking spaces deemed acceptable by the City of Carlsbad per the Site Plan, dated June, 1998, and described in “Exhibit B” and attached hereto and incorporated herein by this reference; and, WHEREAS, on April 23,1996, the City Council acting as the Housing and Redevelopment Commission upheld the decision of the Design Review Board to revoke a previous approval of joint parking and a 15% reduction for common parking facilities for the Wilson Roosevelt/Jazzercise Center and the Murphy Old World Center; and, WHEREAS, the Old World Center is now required to meet its parking requirement without benefit of the previously approved joint parking agreement, thereby limiting the amount of space which can be occupied within the Center for retail, non-retail (i.e, restaurant) and/or office purposes; and, -1 - I . ’ WHEREAS, the Owner of said property has requested and received permission from the City of Carlsbad for a restaurant to occupy a maxirnum of 3 100 square feet of the existing restaurant space within Old World Center, with consideration of the existing parking of 58 total parking spaces provided by Owner on property described as parcels 203-301-05 and 203-302-l subject to approval and recordation of this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties herein contained, it is mutually agreed by and between the undersigned parties as follows: 1. With the provision of 58 total parking spaces deemed acceptable by the City of Carlsbad, Owner is permitted to lease a total of 9463 square feet for retail and/or office space and a maximum of 3 100 square feet for restaurant purposes within the Old World Center building(s), until such time as additional parking is provided which meets current standards and is formally approved, via the redevelopment permit process, by the City of Carlsbad Housing and Redevelopment Commission following recommendation of approval by the Design Review Board. Until additional parking is provided, a total of 1100 square feet of gross floor space within Old World Center must be completely enclosed according to the site plan attached as “Exhibit C” to this Agreement and shall remain vacant at all times. The 1100 square feet of gross floor space shall be used for no purpose, with no exceptions. As approved by the City of Carlsbad, the Owner shall complete, or cause to be complete, such tenant improvements required to ensure that the 1100 square feet remains vacant and inaccessible, until additional parking is provided. 2. Owner agrees to rent no more than 3 100 square feet of gross floor space within the Old World Center for restaurant purposes until additional parking is provided for the Old World Center Project which meets all current parking and circulation standards. All additional parking must be approved by the Redevelopment Agency or City of Carlsbad according to the requirements and processing procedures set forth within the Village Master Plan and Design Manual in effect at the time of apphcation. 3. In order for the Old World Center to include a total of 4200 square feet of gross floor space for restaurant space in addition to the existing retail and office space, the owner will be required to provide a total of eleven (11) additional parking spaces on site or within 300 feet of the subject property which meet current parking standards (size, etc) and circulation requirements. 4. The approved 58 parking spaces which allow for use of the subject property as set forth within this agreement shall be provided on property identified as Assessor Parcel Nos. 203-30 l- 05 and 203-302-01. A total of 41 parking spaces shall be provided on property identified as Assessor Parcel No. 203-301-05. A total of 17 parking spaces shall be provided on property identified as Assessor Parcel No. 203-302-o 1. These parking spaces shall be provided as approved by the City of Carlsbad Redevelopment Agency and set forth on the parking lot layout -2 - site plan dated 6/98, which was provided by Owner and stamped approved by the Carlsbad Housing and Redevelopment Director as of the date of execution of this Agreement and set forth within “Exhibit B” to this Agreement. Restrictions of this Agreement shall be recorded against both parcels of property as noted herein and referenced hereto. 5. The covenants and conditions herein contained shall apply to and bind the heirs, executors, administrators, successors, transferees and assignees of all the parties having or acquiring any right, title or interest in or to any part of the Subject Property, and shall run with and burden the Subject Property until terminated in accordance with the provisions hereof. Owner shall expressly make the conditions and covenants contained in this Agreement a part of any deed or other instrument conveying any interest in the Subject Property. The burdens of this agreement shall remain in full force and effect and recorded against the Subject Property until such time as additional parking is provided to allow for fuli use of the restaurant space within Old World Center, or until an alternate proposal is approved which permits an alternate use of the restaurant space which meets the standards set forth within the Village Master Plan and Design Manual in effect at the time of any change to the use. 6. Owner hereby waives any and all claims, demands, suits and actions for damages of any and every kind arising out of the execution of this Agreement. Moreover, Owner will indemnify and hold harmless (without limit as to amount) the City and its elected officials, officers, employees and agents in their official capacity (hereinafter collectively referred to as “Indemnitees”), and any of them, from and against all loss, all risk of loss and all damage (including expense) sustained or incurred because of or by reason of any and all claims, demands, suits, actions, judgments and executions for damages of any and every kind and by whomever and whenever made or obtained, allegedly caused by, arising out of or relating to Owner’s operation of the Old World Center and the restrictions set forth within this Agreement, and shall protect and defend Indemnitees, and any of them with respect thereto. 7. Notices. Any and all notices required pursuant to this Agreement shall be in writing and may be given by personal delivery or by registered or certified mail, return receipt requested, to the party to receive such notice at the addresses set forth below: -3 - I.243 TO THE CITY OF CARLSBAD: CITY OF CARLSBAD Housing and Redevelopment Department Attn: Housing and Redevelopment Director 2965 Roosevelt Street, Suite B Carlsbad, California 92008-2389 TO HOWARD F. MURPHY TRUST AND MICHAEL K.MURPHY Michael Murphy C/O McMurphy Developments 630 Grand Avenue, Suite I Carlsbad, California 92008 Any party may change the address to which notices are to be sent by notifying the other parties of the new address, in the manner set forth above. Such notice shall be deemed effective upon delivery, if personally delivered, two (2) business days after mailing in accordance with the requirements set forth above. 9. This Agreement constitutes the entire Agreement between the parties and no modification hereof shall be binding unless reduced to writing and signed by the parties hereto. 10. The parties hereto shall cause this Agreement to be recorded against the subject property, Old World Center Project and related parking, which is the burdened land and the benefitted land, in the official Records of the County of San Diego. 11. In the event any limitation, condition, restriction, covenant, or provision contained in this Agreement is to be held invalid, void or unenforceable by any court of competent jurisdiction, the remaining portions of this Agreement shall nevertheless, be and remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year first above written. Howard F. Murphy Trust and Michael K. Murphy, BY CITY: CITY OF CARLSBAD, Community Development Director -4 - - APPROVED AS TO FORM RONALD R. BALL City Attorney /*. r.P &-* -5 - h 1245 STATE OF CALIFORNIA 1 1 ss. COUNTY OF s&” ~/G&o ) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. -pifGfti Notary Public in and for said State w (SEAL) STATE OF CALIFORNIA 1 - ,.L. Camm.#1077936 < 1 NOTARY PUBtlC~CALlFORNlA II) ' My Comm. Exp~ies Nov,i$,l$$$ ) COUNTYOF%l &e$’ ) cl On - 2 I , 199&, before me, eo MJA <. %edpersonally appeared ~WTnl flra*r. , personally known to me @proved +n >t+C, be the person@) whose name@ & lS/ subscribed to the within instrument and acknowledged to me tha@sk&ey executed the same ie/tMir authorized capacity(i@s), and that b&/t& signature@ on the instrument the person@, or the entity upon behalf of which the person@) acted, executed the instrument. WITNESS my hand and official seal. - 5dw4 - o ?lL / Notary Public in and for said State -6 - - 1246 - “EXHIBIT A” DESCRIPTION OF REAL PROPERTY The subject real property includes two parcels of land. The first parcel is known as San Diego County Assessor’s Parcel No. 203-301-05 and contains buildings as well as other on-site improvements including parking required for the subject buildings known as Old World Center. More specifically, this first parcel is identified below on the attached parcel map and is described as: Lots 1, 2, 3,4, 13, 14, 15 and 16 in Block 37 City of Carlsbad, County of San Diego, State of California, according to Seaside Lands Map No. 1722 on file in the office of the County Recorder of San Diego County. The second parcel is known as San Diego County Assessor’s Parcel No. 203-302-O 1 and contains improvements, which include landscaping and a parking lot. More specifically, this second parcel is identified below on the attached parcel map and is described as: Lot 1 in Block 50 City of &&bad, County of San Diego, State of California, according to Seaside Lands Map No. 1722 on file in the office of the County Recorder of San Diego County. PARCEL PARCEL JEFFERSON (4TY St) ST. ; I I I I I f t I I I ’ MAbi SON (3R3 ST) 6 IS0 I, #H yu- n 1 ‘ ] J 1 1 ‘I ’ ‘1 , ,g[ m 751 I III I I, ! I I I I I] 1s - ,..I> Y ; ROOSEVELT (2NO ST ) -7 - - 1247 “EXHIB JT B” DESCRIPTION OF REAL PROPERTY FOR PARKING AND OLD WORLD CENTER PARKING LAYOUT SITE PLAN A total of 58 parking spaces are provided for permitted uses within the subject real property known as Old World Center. The parking required to allow the lease of the subject real property for retail and office uses as well as a maximum of 3 100 square feet of restaurant space (with 1100 square feet to remain completely vacant within the Old World Center) shall be provided on the two parcels of land identified and described in “Exhibit A” to this agreement. The parcels of land to be used for parking are known as San Diego Assessor Parcel Nos. 203-301-05 and 203-302-01. Attached is a copy of the parking layout site plan approved by the City of Carlsbad Redevelopment Agency which sets forth the manner in which the required parking is to be provided on the subject real property. This site plan was last amended in June/l998 and approved by the Housing and Redevelopment Director, on behalf of the City of Carlsbad Redevelopment Agency, as of the date this Agreement is executed. -8 - : : 1 . i ‘l.’ 1 . . 1 -. . . - 3 . . . . . ‘. -7 / - I . . . . k * i 1 I 1 A?N: ~3-302-a - .?+!Yx+?;r+?l spzcy z - RepJl* sm @.J~dd:~lIjfkf witht.~Alaml,cqemhuq~ 1 Srnia B -CxnFnSpxn WHidsbyfSkf a S.da C - Rqufn S&lws Section D 8 5 *id? by 13 I% *!I 2.5 R lrndrcrp ourrlnnq -5 .C~Spcr¶ I.3rdde~ISM Smia Z -4 . Rqultr +z?$ 8.5 wideby ldfeef niff~ 2.J fl Imd~~cr~.rr::an~ IS i Section F - cm spxa 0,s wfdo try IS fkl S‘dml a. I.&K 7JrmmRY amY’ -0 - cmqw spw 8.11 wide by If fen 6 .‘&a f? - rlquim spm sakn I 1.S tide hy lb TM sith :.J ~Ilurlw~ ~lmnq -J - ??qlJla spmr MwidebyZOfmf 6 TOTAL Phl~f~IC SPACES f;$ ?r&WNc LhWJT/ SITE WUd OLD Ym72LD CEhrn 630 Gmad fbvc, tirbbsd Cd %(H)3 70’34344557 hG.rcd Urn -P&g !3fmm - R@ar & !Baad.A C,i$,i 053 t‘1d.i C.cd:r _ ‘;=La;d ,+md JPJ PmiK.A I’?79 Pd*GitiA/C*G%c IS737 -8A- I . , . 1249 “EXHIBIT C” DESCRIPTION OF (SITE PLAN FOR) SPACE TO REMAIN VACANT WITHIN SUBJECT REAL PROPERTY A layout of the premises to be provided for restaurant and storage use as well as the area to remain vacant within the Old World Center property is identified below. The Owner of subject real property will lease a maximum of 2 100 square feet for restaurant space and complete required tenant improvements to ensure that a total of 1100 square feet of gross floor space remains vacant until additional parking is provided as approved by the City of Carlsbad. 1100 SF Of SPACE TO REMAH VACANT ,.. . 1 .._... . . . . . . ...,,. . . . . . . . ,8Ai;$L& yg L .,ji . . . . . .._........~. ’ \ : pppR;Y’ is;& $’ .r,’ : ; ~Jiyiy” ‘; :. f’ .;, r m / r;-fij$-E$~ ;rrplcn t